The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-09-04
PORT CHARGES TOO HIGH
THE STEAMSHIP COMPANIES RE-
FUSE TO PAY THEM

-InGY are w ilIlilS W L dy bhS "a
Warden's Fees, but Nothing More
The City Issues Executions Against
Eleven of the Vessels.
The shipping interests and the city au
thorities just now seem at loggerheads over
the question of port charges. The matter
has been one of dispute for some time, and
a few weeks ago it eliminated in a formal
announcement from the Ocean Steamship
Company to the city officials, that it would
not pay any more taxes of that
kind. This action was followed later
by the Merchants and Miners
Transportation Company of Baltimore,
through its agents James B. West q Co, OF
this city, Joseph A. Roberts IL Co., and
others. Mr.. Joseph A Roberts was seen
Yesterday and he outlined the general COM
plaint of the vessel owners i'll this way
Taking the Mayors report of 1885, he opened
il and pointing to an item in the
Treasurers report, said, There's one
objection in nutshell. The city
paid that year for a Harbor Master
and the expenses of his office, 1851 Ii.
The fees received from the shipping
amounted to Sl2,1 60. Now the city taxed
its shipping interests far beyond the needs Of
the harbor masters position Look at last
81 600 IS paid the harbor master.
CONSTITUTIONAL QUESTION.
'In the first place. the city has no right
whatever to tax the commerce of this port.
The constitution expressly says that no
State shall without the consent of Congress-
lay any duty on tonnage etc, and this
strictly guards our interests, OF course
HarbOr Master is absolutely necessary, and
the ship owners don't object to paying the
proper fees TO such an officer, but they DO
object to paying $4,000 or SlO,5O0 over and
above the officers salary. This extra
amount is turned into the city treasury and
is used for paying off the police, repairing
streets and similar purposes. There Is too
great disproportion between these two
items, and it is clearly a tax upon com
merce, and it comes within the constitu-
tional limits, and we certainly think the
city has no right to force the collection Of
any such tax.
SUPREME COURT DECISIONS.
This point has been decided several times
and always in favor OF the vessels. In
Charleston they had a similar ordinance
and when its enforcement was attempted 1t
was declared unconstitutional by the
Supreme Court. The Supreme Courts
of Florida, Louisiana, South Carolina and
other States have passed ON this question
and uniformly the same decisions have been
rendered. The item is serious tax on
ships coming to this port. 1t costs
the Ocean Steamship Company about 81, 600
per year, and practically they receive moth
ing for it in return. They viii make a test
case of it, and then it will be settled for all
time. But tell you" continued Mr.. Rob
erts, sit will be a lively fight, for the ship
owners have too much at stake not to do
all in their power to secure what they re-
gard as their rights.
THE OTHER SIDE OF THE CASE.
Mr. Samuel B. Adams, the corporation
attorney, was next seen and asked if the
steamship companies had refused to pay the
harbor dues What have you heard about
it, was the rather non-committal reply.
When informed that the reporter had the
entire story, he smiled and said: "Well,
there's not much in it. The Ocean
Steamship Company sent formal mo-
tice TO the Mayor, / believe, some
weeks ago to the effect that they would not
any longer pay the usual harbor fees. The
city asked for my opinion in the matter,
and l looked it up carefully. The two prin
cipal questions asked were: Q) did the
Legislature give the power to the city 10 en-
force the collection of such fees; and %
was the ordinance constitutional To both
i answered in the affirmative, the opin-
ion in the matter covering six
teen pages closely printed ON the type
writer. When asked regarding the decision
in the Charleston case, he remarked that
the ordinance of that city made the fees de-
pendent on the tonnage of the vessel which
was in direct conflict with the laws. He ex-
planned, further, that the city ordinance
here charged so much per running foot of
the vessels measurement over all
EXECUTIONS ISSUED.
"What steps bave the city takeng' was
asked.
IAN execution has been issued against
nine Of the Ocean Steamship Companys
vessels Mr.. Adams replied, "and three of
the Baltimore line. The executions were
not served, Of course, as there was no wish
or desire to embarrass their business, but
the Mayor notified them so they could make
their defense. 1t really is test case, and
when decided, will effect all vessels entering
this port. / suppose the steamship compa-
MES will file a bill and the preliminary
proceedings will be in the Superior Court
probably"
When asked regarding the city's position
or plan of action he laughed and said it
would hardly do to fully inform their oppo-
nents of its tactics at this stage of the case.
Its grounds were good ones, however, he
added, and he felt confident the city's ordi-
nance would be declared legal and opera
tive.
DOUBLE TAXATION.
Mr.. g. NJ. Sorrel, manager Of the Ocean
Steamship Company, on being interviewed
on the question, said the company only in
sisted on their rights. They had been pay
ing large sums for several years past and
finally decided TO stop it, fully believing
that the harbor fees were illegally collected
''You can see,n he said, ''that as we pay out
some So, 700 to 800 yearly for harbor fees,
it is quite an item for the company 1t is
contrary to the constitution to tax tonnage,
and yet that is just exactly what this amounts
TO. We were willing to pay our share
OF the harbor masters salary, but the sur
plus is really too great just now. We pay
our city taxes, and then they tax us again
in this way discriminating against the
steamships This certainly is not fair. Yes,
this is a test case, and we hope it will settle
the matter fully for all time" Messrs.
Lawton g. Cunningham are the company's
attorneys and thsy have full charge Of the
matter.
Mayor Lester was also seen and his opiu-
ion asked. He took decided stand in favor
of the city, and felt sure it had perfect
right TO enforce such an ordinance. He
said the question was very important one
and it had been looked up carefully. The
opinion was also expressed that the wording
of the city ordinance would make it legal
THE ORDINANCE
The ordinance in question is headed, Gan
ordinance N r,royida for darn xriuo tha nv